[Adopted by Ord. No. 66-8; amended by Ord. No. 77-1 (Ch. VIII, Sec. 8-1, of the 1974 Revised General Ordinances)]
[Amended 10-2-1974]
As used in this section:
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the City as a public street, as well as any state or county road or highway over which the City has acquired jurisdiction by agreement.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the City Council.
B. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
C. 
The City Clerk shall issue permits to other public bodies without fee.
The City Council is authorized to refuse the issuance of any permit if it ascertains after consultation with the City Engineer or otherwise that such refusal is in the interest of public safety, public convenience or public health. If a permit is refused an appeal may be taken to the City Council. The City Council, after hearing the applicant and such other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal.
[Amended 10-2-1974]
An application for a permit shall contain the following information:
A. 
Name and address of the applicant.
B. 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The City Tax Map block and lot number of the property for the benefit of which the opening is to be made.
D. 
Nature of the surface in which the opening is to be made.
E. 
Character and purpose of the work proposed.
F. 
Time when the work is to be commenced and completed.
G. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
H. 
The name and address of the workman or contractor who is to perform the work.
I. 
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
[Amended 10-2-1974]
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A permit shall be paid when the application is made. The applicant shall be charged a fee as provided in Chapter 185, Fees, Article III, Fees for City Services.
[Amended 10-2-1974]
A. 
At the discretion of the City Engineer, a bond may be required. The bond may be waived in the case of a public utility upon the presentation of satisfactory proof that the utility is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
To indemnify the City and hold it harmless from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
(2) 
To indemnify the City for any expense incurred in enforcing any of the provisions of this section.
(3) 
To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
(4) 
To cover 100% of the repair or replacement of the road if needed.
B. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the City.
[Amended 10-2-1974]
The applicant shall also be required to deposit, in cash or by certified check, a sum determined by the City Engineer to be necessary to defray the expense of restoring the street to its preexisting condition should the permittee fail to do so.
[Amended 10-2-1974]
No permit shall be issued until the applicant has furnished the City with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $100,000 for injury to any one person, $300,000 for property damage for a single incident. The City may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Amended 10-2-1974]
All permits issued under this article shall be subject to the following rules and regulations:
A. 
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
B. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the City council. The City council shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature when notice shall be given when work commences.
C. 
All refuse and material shall be removed within 48 hours.
D. 
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the City Engineer. Where the engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted with a mechanical vibrator or in the manner prescribed by the engineer. The permittee shall replace all shoulder stone to a depth of six inches and thoroughly compact it with a mechanical compaction device. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If it is determined that any backfilled excavation has settled or caved in, the engineer shall so notify the permittee, who shall promptly continue backfilling until settlement is complete.
E. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
F. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
G. 
If the work is not completed within the time specified in the permit or any extension granted by the City, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the City Council, then the City may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[Amended 10-2-1974; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
The applicant to whom such permit is issued shall, within the time limited in such permit, replace the earth and pavement in the excavation in such manner as proscribed herein and the same shall be left in as good condition as it was before the excavation was commenced. Except as otherwise herein stated, all street work performed shall be in accordance with the applicable provisions of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 2007, and as amended. Reference to articles or sections hereinafter refer to said state highway specifications.
(1) 
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used. Compaction of 95% shall be required. Puddling of backfill is strictly prohibited. Should there be a deficiency, additional backfill material shall be supplied by the permittee. Whenever the City Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
B. 
Roadways with a concrete base shall be restored using a combination of concrete and asphalt. The amount of concrete and asphalt to be used at each such excavation shall be as directed by the City Engineer. (See detail at end of chapter.)
C. 
Bituminous concrete street restoration specifications.
(1) 
Gravel. Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the New Jersey Department of Transportation (NJDOT) requirements for I-5 materials. The City Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the costs of said analysis borne by the applicant.
(2) 
Temporary roadway restoration.
(a) 
Less than 100 square feet.
[1] 
For openings in asphalt roadways that are less than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level of six inches below the level of adjacent paved surfaces. A four-inch lift of stabilized base course, Mix I-2, followed by a two-inch lift of a bituminous concrete cold patch, shall be installed to grade.
[2] 
These temporary surfaces shall be in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(b) 
Greater than 100 square feet.
[1] 
For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level six inches below the level of the adjacent paved surfaces. A six-inch lift of stabilized base course, Mix I-2, shall then be installed to grade.
[2] 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(3) 
Final roadway restoration
(a) 
Newly paved streets.
[1] 
The restoration will consist of six-inch dense graded aggregate base course, and a six-inch bituminous stabilized base course, Mix I-2, brought to existing grade, within the excavated area. A full width, curb to curb, milling two inches in depth to extend 20 feet beyond the limit of excavations will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the City Engineer. The final surface course shall be a two-inch bituminous concrete surface course, Mix I-5.
[2] 
Trench restoration may be permitted under special circumstances and at the option of the City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question.
(b) 
Streets paved between five and eight years prior to proposed opening.
[1] 
Any street opening on a street that has been constructed, reconstructed, or overlaid between five years and eight years after the completion of said construction, reconstruction, or overlay will require a half-width paving from the center line to the curb on the side affected by the opening. The trench shall be repaved with six inches of gravel or similar subbase, four-inch stabilized base (HMA19M64) to the surface. The half width of the street shall then be milled 1 1/2 inches deep from the center line to the curbline a distance of 20 feet on either side of the opening edges. A one-and-one-half-inch surface course (HMA9.5M64) shall be machine-placed and rolled as per New Jersey Department of Transportation Standard Specifications for Roads and Bridges, 2007, and as amended.
[2] 
At the opening crosses over the center line of the street, the above street repair shall be full-width restoration.
(c) 
Streets paved over eight years prior to proposed opening.
[1] 
Where 20% or more of the existing surface width and/or a distance parallel or longitudinal to the roadway center line of 25 feet or more has been disturbed, the permittee shall mill the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All milling and disposal of millings shall be done in accordance with Division 400 of the NJDOT Standard Specifications. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The City will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
[2] 
Where less than 20% of the existing surface and a distance parallel or longitudinal to the roadway center line of less than 25 feet has been disturbed, the permittee shall saw-cut the existing surface course two inches deep at a location 12 inches beyond the trench surface, and remove the existing pavement to the same depth. Pavement removal shall be done by milling or another method as approved by the City Engineer. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The City will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
(d) 
Calculating age of street.
[1] 
The five-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter. The end date of this five-year period is the beginning date of the five-year to eight-year period articulated herein.
[2] 
The eight-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run eight years thereafter. The end date of this eight-year period is the end date of the five-year to eight-year period articulated herein.
(e) 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the City Engineer.
(4) 
If more than one excavation would be required within a fifty-foot length, a single trench must be used rather than the individual excavations. Final restoration will require the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of bituminous concrete surface course, Mix I-5, being placed to a level even with the existing road grade.
(5) 
In all cases where concrete has to be removed prior to any excavation, saw-cut methods of removal shall be used. The restoration of the concrete shall be according to the following specifications:
(a) 
It shall be Class B with a design strength of 4,000 pounds per square inch (psi).
(b) 
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
(c) 
It shall have a minimum width of not less than five feet for sidewalks.
(d) 
It shall have control joints not more than five feet for sidewalk, 10 feet for curb and gutter and expansion joints and not more than 20 feet for sidewalk, curb and gutter.
D. 
By acceptance of such a permit, the applicant shall be deemed to have agreed to comply with the terms hereof and, upon his failure to do so, pay on demand any cost or expense that the City may incur by reason of any shrinkage or settlement in the excavated area resulting from such excavation if such shrinkage or settlement shall occur within three months from the time the surface thereof is restored.
[Amended 10-2-1974]
A. 
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the City Council.
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the City Engineer, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the City or police officer.
D. 
Revocation of permit.
(1) 
The City Council may revoke a permit for any of the following reasons.
(a) 
Violation of any provision of this section or any other applicable rules, regulations, law or ordinance.
(b) 
Violation of any condition of the permit issued.
(c) 
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
(2) 
The procedure for revoking a permit shall be the same as that set forth in this revision for the revocation of licenses, except that the initial hearing shall be before the City Councilman in charge of the Road Department with a right of appeal to the City Council; and the Chairman may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
E. 
Modification of permit conditions. In a special case the City Council may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.
[Amended 10-2-1974; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Public Works Committee in conjunction with the City Engineer may make any rules and regulations considered necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they are approved by resolution of the City Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.